[115th Congress Public Law 394]
[From the U.S. Government Publishing Office]
[[Page 132 STAT. 5281]]
Public Law 115-394
115th Congress
An Act
To require the Under Secretary of Commerce for Oceans and Atmosphere to
carry out a program on coordinating the assessment and acquisition by
the National Oceanic and Atmospheric Administration of unmanned maritime
systems, to make available to the public data collected by the
Administration using such systems, and for other purposes. <<NOTE: Dec.
21, 2018 - [S. 2511]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Commercial
Engagement Through Ocean Technology Act of 2018.>>
SECTION 1. <<NOTE: 33 USC 4101 note.>> SHORT TITLE; TABLE OF
CONTENTS.
(a) Short Title.--This Act may be cited as the ``Commercial
Engagement Through Ocean Technology Act of 2018'' or the ``CENOTE Act of
2018''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Coordination regarding assessment and acquisition by National
Oceanic and Atmospheric Administration of unmanned maritime
systems.
Sec. 4. Regular assessment of unmanned maritime systems to support
National Oceanic and Atmospheric Administration missions.
Sec. 5. Acquisition of unmanned maritime systems.
Sec. 6. Reports on unmanned maritime systems and usage for mission of
the National Oceanic and Atmospheric Administration.
Sec. 7. Funding and additional authorities.
SEC. 2. <<NOTE: 33 USC 4101.>> DEFINITIONS.
In this Act:
(1) Administration.--The term ``Administration'' means the
National Oceanic and Atmospheric Administration.
(2) Administrator.--The term ``Administrator'' means the
Under Secretary of Commerce for Oceans and Atmosphere and
Administrator of the National Oceanic and Atmospheric
Administration.
(3) Cooperative activities of the administration.--The terms
``cooperative activities of the Administration'' means
cooperative activities between the Administration and an
external entity, such as the Cooperative Institutes, Sea Grant
Colleges, National Estuarine Research Reserves, the National
Oceanographic Partnership Program established under chapter 665
of title 10, United States Code, and regional associations of
the Integrated Ocean Observing System.
(4) Data specifications.--The term ``data specifications''
shall refer to the type, resolution, periodicity, and quality of
data required by an program of the Administration.
(5) Test or training range.--
[[Page 132 STAT. 5282]]
(A) In general.--The term ``test or training range''
means an area designated for operating unmanned maritime
systems and other types of systems for the purpose of--
(i) evaluating the performance of such
systems; or
(ii) training personnel on operating
procedures for such systems.
(B) Inclusions.--The term ``test or training range''
may include specialized fixed or portable
instrumentation for the operation of unmanned maritime
systems and other types of systems.
(6) Unmanned maritime systems.--
(A) In general.--The term ``unmanned maritime
systems'' means remotely operated or autonomous vehicles
produced by the commercial sector--
(i) designed to function without an on-board
human presence; and
(ii) that may include associated components
such as control and communications,
instrumentation, data transmission, and processing
systems.
(B) Examples.--The term ``unmanned maritime
systems'' includes the following:
(i) Unmanned undersea vehicles.
(ii) Unmanned surface vehicles.
(iii) Autonomous underwater vehicles.
(iv) Autonomous surface vehicles.
(C) Treatment of aerial vehicles.--The term
``unmanned maritime systems'' includes unmanned aerial
vehicles and autonomous aerial vehicles that are used to
address maritime issues to the extent the Administrator
determines it is necessary and appropriate to achieve
the purposes of this Act.
SEC. 3. <<NOTE: 33 USC 4102.>> COORDINATION REGARDING ASSESSMENT
AND ACQUISITION BY NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION OF UNMANNED
MARITIME SYSTEMS.
(a) Establishment.--The Administrator shall direct the Office of
Oceanic and Atmospheric Research (in this Act referred to as ``OAR'')
and the Office of Marine and Aviation Operations (in this Act referred
to as ``OMAO'')--
(1) to coordinate the Administration's research, assessment,
and acquisition of unmanned maritime systems; and
(2) to consider the use of unmanned maritime systems in
cooperative activities of the Administration.
(b) Coordination Within the Administration.--
(1) Unmanned systems executive oversight board.--In meeting
the requirements described in subsection (a), the Administrator
shall--
(A) utilize the Unmanned Systems Executive Oversight
Board (in this Act referred to as the ``USEOB'') as the
coordinating mechanism; and
(B) ensure that OAR and OMAO address requirements
throughout the Administration.
(2) Included.--In utilizing the USEOB under paragraph (1),
the Administrator shall ensure that representation on the USEOB
is included from the following:
[[Page 132 STAT. 5283]]
(A) The Office of Ocean Exploration (OER).
(B) The program office of the Integrated Ocean
Observing System.
(C) <<NOTE: Determination.>> Such other offices of
the Administration as the Administrator determines are
actively engaged with unmanned maritime systems.
(c) Coordination With the Navy.--
(1) In general.--In carrying out this Act, the Administrator
shall--
(A) make efforts to coordinate with the Secretary of
the Navy to leverage expertise in the development and
operational transition of unmanned maritime systems;
(B) align with, utilize, and inform the Deputy Under
Secretary of Commerce for Operations and the
Oceanographer of the Navy's strategic and operational
priorities, particularly for missions and geography
within the Administration's purview;
(C) seek to utilize Naval unmanned systems test or
training ranges, such as the Gulf of Mexico Unmanned
Systems Test and Training Range of the Naval Meteorology
and Oceanography Command, and maximize interagency
cooperation and sharing of best practices; and
(D) <<NOTE: Memorandum.>> to formalize
coordination, execute a memorandum of understanding with
the Secretary of the Navy that includes--
(i) incorporating consideration of priorities
and requirements of the Administration into
research and development activities conducted by
the Secretary of the Navy;
(ii) <<NOTE: Consultation.>> consultation
intended to encourage and facilitate efforts by
the Administration to partner with the Navy to
procure unmanned maritime systems and to
establish, instrument, and operate test or
training ranges and related facilities;
(iii) <<NOTE: Procedures.>> adopting
procedures defined by the Secretary of the Navy
for the Administration to access and utilize test
or training ranges or related Naval facilities for
purposes identified in paragraph (2)(B); and
(iv) such other topics as the Administrator
considers necessary or advisable, including
mapping, bathymetry, observations, and ocean
exploration.
(2) Location.--The Administrator shall, if practicable,
carry out the activities authorized by this Act at a facility
where the Navy and the Administration are co-located, for the
following purposes:
(A) Gaining efficiencies through collaboration.
(B) Advancing development of unmanned maritime
systems, including--
(i) systems research and development;
(ii) systems testing;
(iii) systems modifications; and
(iv) systems integration.
(C) Accelerating transition from concept to
manufacturing and acquisition.
(d) Coordination With Other Federal Agencies.--In carrying out this
Act, the Administrator and the Secretary of the Navy may utilize the
National Oceanographic Partnership Program,
[[Page 132 STAT. 5284]]
established under chapter 665 of title 10, United States Code, as a
mechanism for providing interagency coordination for the advancement of
unmanned maritime systems.
(e) <<NOTE: Consultation.>> Coordination With Academic Sector.--In
carrying out this Act, the Administrator, in consultation with the
Secretary of the Navy, may coordinate and co-locate with an academic
research institution, or consortium of academic research institutions,
for the following purposes:
(1) Maximizing opportunities for research and development of
unmanned maritime systems.
(2) Providing training in unmanned maritime systems as part
of an accredited certificate or degree program of education.
(3) Facilitating the commercialization of unmanned maritime
systems through public-private partnerships that includes
academic research institutions, private industry, and public
safety agencies.
(4) Arranging access to and use of additional facilities
that support testing and assessment of or training with respect
to unmanned maritime systems under environmental conditions of
interest, increasing operational tolerance under such
conditions, certifying operational capacity under such
conditions, whether real or simulated, and training operators of
unmanned maritime systems in real or simulated environments.
(5) Facilitating engagement with other academic institutions
with interest or relevant expertise in unmanned maritime
systems.
(6) Promoting information sharing between the academic,
environmental, and military institutions to lead to more robust,
mission-oriented unmanned maritime systems.
(f) Engagement With the Private Sector. <<NOTE: Consultations.>> --
Other than as described in subsection (e), the Administrator, in
consultation with the Secretary of the Navy, may, in carrying out this
Act, to the extent practicable, coordinate and consult with the private
sector--
(1) to support the commercialization of unmanned maritime
systems; and
(2) to assist with their assessment of commercially
available unmanned maritime systems to support the missions and
goals of the Navy, the Administration, and cooperative
activities of the Administration.
SEC. 4. <<NOTE: 33 USC 4103.>> REGULAR ASSESSMENT OF UNMANNED
MARITIME SYSTEMS TO SUPPORT NATIONAL OCEANIC
AND ATMOSPHERIC ADMINISTRATION MISSIONS.
(a) In General.--The Administrator, acting through the Assistant
Administrator for Oceanic and Atmospheric Research and the Director of
the Office of Marine and Aviation Operations and the National Oceanic
and Atmospheric Administration Commissioned Officer Corps, shall
regularly assess publicly and commercially available unmanned maritime
systems for potential use to support missions of the Administration.
(b) Science-based Assessments.--The Administrator shall carry out
subsection (a) through the Assistant Administrator for all matters
relating to assessment of the suitability, feasibility, and cost-
effectiveness of unmanned maritime systems to meet data specifications
required by programs of the Administration.
(c) Assessment of Operational Utility.--The Administrator shall
carry out subsection (a) through the Director for all matters
[[Page 132 STAT. 5285]]
relating to assessment of whether unmanned maritime systems are
operationally reliable, feasible, and cost effective enough to make
observations required by programs of the Administration.
(d) Engagement. <<NOTE: Consultations.>> --The Assistant
Administrator and the Director shall jointly--
(1) convene and consult the Unmanned Maritime Systems Ocean
Technology Coordinating Committee established under section
3(b); and
(2) consult with the heads of other offices of the
Administration, the academic sector, and developers and
manufacturers of unmanned maritime systems to conduct the
assessments under subsection (a).
SEC. 5. <<NOTE: 33 USC 4104.>> ACQUISITION OF UNMANNED MARITIME
SYSTEMS.
(a) In General.--The Administrator shall coordinate and centralize
the acquisition by the Administration of unmanned maritime systems to
meet the prioritized list of data requirements identified by OAR and
OMAO in carrying out this Act in their regular assessments and approved
by the USEOB.
(b) Memoranda of Understanding.--In order to realize greater savings
and efficiency, the Administrator may develop and execute a memorandum
of agreement with the Secretary of the Navy to--
(1) participate in procurements conducted by the signatories
to the memorandum of understanding;
(2) accept decommissioned unmanned maritime systems from the
Navy;
(3) <<NOTE: Policies. Procedures.>> develop policies and
procedures to share unmanned maritime systems; or
(4) provide for other means of creating efficiency and
savings in Federal acquisition of unmanned maritime systems.
(c) Rule of Construction.--Nothing in this Act shall be construed to
modify Federal procurement law.
SEC. 6. <<NOTE: 33 USC 4105.>> REPORTS ON UNMANNED MARITIME
SYSTEMS AND USAGE FOR MISSION OF THE NATIONAL
OCEANIC AND ATMOSPHERIC ADMINISTRATION.
(a) In General.--In carrying out this Act, the Administrator shall,
not later than one year after the date of the enactment of this Act, and
every 4 years thereafter, submit to the appropriate committees of
Congress a report on the usage of unmanned maritime systems for the
mission of the Administration.
(b) Contents.--Each report submitted under subsection (a) shall
include, for the period covered by the report, the following:
(1) <<NOTE: Inventory. Summary.>> An inventory of current
unmanned maritime systems used by programs of the
Administration, a summary of the data they have returned, and
the benefits realized from having such data.
(2) <<NOTE: Lists.>> A prioritized list of data
requirements of the Administration that could be met with
unmanned maritime systems, and the commercially available
unmanned maritime systems with the operational capabilities to
collect such data.
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Appropriations, the Committee on Armed
Services, and the Committee on Commerce, Science, and
Transportation of the Senate; and
[[Page 132 STAT. 5286]]
(2) the Committee on Appropriations, the Committee on Armed
Services, the Committee on Natural Resources, and the Committee
on Science, Space, and Technology of the House of
Representatives.
SEC. 7. <<NOTE: 33 USC 4106.>> FUNDING AND ADDITIONAL
AUTHORITIES.
(a) Funding.--The Administrator shall carry out this Act using
existing amounts appropriated or otherwise made available to the
Administration.
(b) Additional Authorities.--In carrying out this Act, the
Administrator may--
(1) <<NOTE: Contracts.>> enter into contracts, cooperative
agreements, and other transactions with any domestic or foreign
government;
(2) notwithstanding section 1342 of title 31, United States
Code, accept donations and voluntary and uncompensated services;
(3) accept funds from other Federal departments and
agencies;
(4) <<NOTE: Contracts. Grants.>> utilize the National
Oceanographic Partnership Program established under chapter 665
of title 10, United States Code, to accept funds from other
Federal departments and agencies, to accept donations, and to
enter into contracts and award grants;
(5) under an agreement entered into under paragraph (1),
transfer funds appropriated to carry our this Act to any
organization; and
(6) use, with their consent, with or without reimbursement,
and subject to the availability of appropriations, the land,
services, equipment, personnel, and facilities of--
(A) any department, agency, or instrumentality of
the United States;
(B) any State or local government or tribal
government; or
(C) any foreign government or international
organization.
Approved December 21, 2018.
LEGISLATIVE HISTORY--S. 2511:
---------------------------------------------------------------------------
SENATE REPORTS: No. 115-291 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 164 (2018):
Aug. 23, considered and passed Senate.
Dec. 10, considered and passed House, amended.
Dec. 17, Senate concurred in House amendment.
<all>